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000 5 Regular City Council Meeting January 14, 2008 Page 2 said they needed to determine if they wanted to consider an agreement and an agreement would take years to reach. 4. Convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Consultation with Attorney, to receive advice of legal counsel pertaining to the duty of an attorney to his client under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding the following matters: A. To receive Attorney advice on proposed Memorandum of Understanding with the City of Irving pertaining to Lake Pat Mayse water and other related water rights and water allocation questions. Mayor Freelen inquired of Council if they wished to convene into Executive Session. It was a consensus of Council to remain in open session. 5. Reconvene in open session to consider and take necessary action as deemed appropriate regarding those matters discussed in the Executive Session. Mayor Freelen continued to item 6. 6. Receive attorney advice, discussion and possible action on Memorandum of Understanding with the City of Irving, Texas to study .feasibility and exclusively negotiate a water supply agreement for raw water through and from Lake Pat Mayse and other water rights and water allocation issues. -- Jim Mathews, an attorney specializing in water law, said he would begin by answering questions provided to him by Kent McIlyar, on behalf of Council Members. Mr. Mathews said Council Member Biard asked about the specific contractual and inferred obligations of the MOU. He went on to say the MOU committed the City of Paris to undertake a feasibility study for the purpose of attempting to develop an Agreement to sell water to the City of Irving. Mr. Mathews said it was clear that Irving wanted to investigate the feasibility of this and they wanted to work with the City of Paris. He also said the MOU did not commit the City of Paris to anything other than those types of studies with the intention of trying to develop an Agreement that would be brought back to the governing bodies of the two cities. Mr. Mathews said Council Member Biard had asked about the effect of executing the MOU on State allocation of non - permitted water rights in Pat Mayse. Mr. Mathews responded by saying he had reviewed the Corp of Engineer Contract and the City's water rights. Mr. Matthews said based on those two documents, it appeared that all of the water in Pat Mayse was currently permitted. He said the contract with the Corp allows the City to have control of the water between elevations of 415 and 451 of the quantity of water in storage. He said the City had water rights issued by the Texas Water Commission and followed up by the Texas Commission on Environmental Quality. Mr. Mathews said it specified the amount the City was authorized to use for municipal purposes and industrial purposes. He advised that entering into this Agreement would .4.